BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 927|
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THIRD READING
Bill No: SB 927
Author: Anderson (R)
Amended: 3/31/16
Vote: 27 - Urgency
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 3/30/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,
Pavley
SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 4/19/16
AYES: Allen, Anderson, Hancock, Hertzberg, Liu
SUBJECT: Public Utility District Act: election of directors
SOURCE: Author
DIGEST: This bill allows the Fallbrook Public Utility
District's board members to be elected by subdistricts, rather
than at-large.
ANALYSIS: Existing law provides that members of most local
governments' legislative bodies are elected using one of three
methods:
1)An "at-large" election allows a voter residing anywhere within
the local government's boundaries to vote for any candidate
for the local government's governing board.
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2)A "by district" election allows a voter to vote only for a
candidate who runs and resides in the same geographical
district in which the voter resides.
3)A "from district" election allows a voter residing anywhere
within a local government's boundaries to vote for any
candidate for a local government's governing board, but each
candidate must run in the geographical district where he or
she resides.
This bill:
1)Allows the candidates for director of any public utility
district (PUD) that is wholly or partially within San Diego
County to be elected by subdistricts either:
a) Upon adoption of a resolution or ordinance to that
effect by the board of directors of the district, subject
to approval of the board of supervisors, or
b) As a part of a change of organization or a
reorganization conducted pursuant to specified provisions
of state law.
2)Directs that a resolution or ordinance that divides a district
into subdistricts adopted by the district's board of directors
must describe the boundaries of the subdistricts so that the
subdistricts shall be nearly equal in population.
3)Defines "by subdistricts" as the election of members of the
board of directors by voters of the subdistrict alone.
Background
The Public Utility District Act governs California's 53 PUDs.
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The Act empowers a PUD to acquire, construct, own, operate,
control, or use works for supplying its inhabitants with light,
water, power, heat, transportation, telephone service, or other
means of communication, or means for disposing of garbage,
sewage, or refuse. The Act requires that the members of the
board of directors of a PUD that lies entirely within one county
must be elected at-large. The Legislature has created two
exceptions to this at-large election requirement:
1)The Georgetown Divide PUD (El Dorado County) can provide for
electing the district's directors by wards (AB 1410, N.
Waters, Chapter 63, Statutes of 1980). Its board is currently
elected at-large.
2)The board of directors of a PUD located in Placer County can
provide for electing the district's directors by wards or from
wards (SB 1393, Senate Local Government Committee, Chapter
939, Statutes of 1994). The North Tahoe PUD's board is
currently elected by-district.
The Fallbrook PUD (FPUD) provides retail water, sewer, and
recycled water services to approximately 35,000 people residing
within its boundaries in northern San Diego County. A lawsuit
filed against the district last year in San Diego County
Superior Court alleged that the district's at-large board
elections violated the California Voting Rights Act by diluting
the voting strength of Latino voters, thereby impairing their
ability to participate meaningfully in the political process and
to elect candidates of their choice (Juan Atilano, Carmen
Cardoso, Jesus Hernandez, Jesus Hernandez Jr., and Jose Huerta
v. Fallbrook Public Utility District). To avoid potentially
lengthy and costly litigation, the parties to the lawsuit
negotiated a settlement to resolve the claims against FPUD. The
settlement agreement, which is enforced by a recent court order,
requires FPUD to change from an at-large method of election to a
by-district method of election. FPUD has already begun
implementing the changes required by the settlement.
In light of the by-district election requirement in the recent
court order enforcing the settlement agreement, FPUD officials
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want the Legislature to grant the district an exemption from the
Public Utility District Act's at-large election requirement.
Comments
Purpose of the bill. Despite the fact that a recent court order
enforcing a settlement agreement requires FPUD to use a
by-district method for electing members of its governing board,
state law still appears to require the district to elect its
board members at-large. To avoid any possible confusion about
FPUD's authority to use the by-district election method, this
bill enacts an exemption to the statutory at-large election
requirement that is similar to exemptions state law grants to
two other public utility districts.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified4/21/16)
Fallbrook Public Utility District
Association of California Water Agencies
California Special Districts Association
Mexican American Legal Defense and Educational Fund
San Diego County Water Authority
OPPOSITION: (Verified4/21/16)
None received
Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
4/22/16 12:32:06
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